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Judgment
8 paragraphs · 349 words@JUDGEMENT- JUDGEMENT
Vinit Kumar Mathur, J
The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR (CR) No.67/2021, Police Station Matoda, District Jodhpur for the offence punishable under Sections 147, 148, 149, 364, 302 & 120-B of IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that after rejection of the first bail application of the petitioner on 24.02.2022, co-accused Om Prakash @ OP and Sunil have been enlarged on bail by the learned trial court vide orders dated 15.02.2022 & 07.05.2022 respectively. Learned counsel further submits that the case of the present petitioner is not distinguishable from the cases of the co-accused persons Om Prakash and Sunil who have already been released on bail. He, therefore, prays that the petitioner may also be enlarged on bail.
The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused persons who have been enlarged on bail.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner is identical to co-accused persons aforesaid who have been enlarged on bail by the learned trial Court, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.
Consequently, the present second bail application is allowed. It is ordered that the accused-petitioner Mahaveer S/o Mangilal arrested in connection with FIR (CR) No.67/2021, Police Station Matoda, District Jodhpur, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.